SUPREME COURT.

Hawke's Bay Tribune, Volume XIII, Issue 283, 15 November 1923, Page 5

SUPREME COURT.

NAPIER CIVIL SESSIONS. ARCHITECT AWARDED £3OO. Judgment for £3OO and costs was given by the jury at the Napier Supreme Court yesterday in the case in which James A. L. Hay, architect, of Napier (Mr. J. Humphriflß) claimed £665 15s 8d from the Tourist Motor Co., Hastings (Mr. H. B. Lusk) as fees alleged to be due for the preparation of plans etc. It took the jury three and a-half hours to com© to a decision. AN APPEAL ALLOWED. Because th© Crown had laid its defence under th© wrong section of th© Act, Mr. Justice Reed allowed the appeal of Thomas J. Rowe, motorlorry driver (Mr. W. Hislop) against his conviction by Mr. R. W. Dyer, &.M. X on September 26 on a. charge of failing to keep to the left sid© of th© Te Mata-Havelock North roadMr. H. B. Lusk represented the Crown at the hearing of the appeal yesterday. A DISPUTED RENTAL. Kathleen Harriette Douglas, widow, Herbert Humphries, notary public, Thomas Sinclair Roulston, land agent, and William Richmond, sheepfarmer, as executors qnd trustees of the will of the late William John Douglas, proceeded against James Allan Gallagher, merchant, Hastings o» a claim for £199 8s 8d as the balance of rent, taxes, rittes and insurance due on a property in Hastings leased by defendant from the estate. The statement of defence denied that the annual rental was £5 10s per centum, and said that it was £5. No further libility than the sum of £B4 12s lid was admitted by defendant, who also counter-claimed to have the agreement rectified by making the rental £5 per centum per annum. Mr. J. H. Humphries appeared for plaintiff and Mr. E. J. W. Hallett for defendant.

Mr. Justice Reed, after hearing evidence and legal argument, ordered that the rental be altered to £5 per centum per annum, and said that he would give judgment on th© amount in dispute after counsel hid adjusted the accounts.

When the case was mentioned this morning Mr. Hallett said that defendant had paid £B4 12/- into Court. The accounts had been gone into, and it was found that defendant was liable for £B2 11/2. Judgment was entered for plaintiff for £B2 11/2, with costs of filing the statement of claim, and for defendant on the counter-claim for an order rectify the document by altering the rental from 5} to 5 per cent. TO-DAY’S PROCEEDINGS. DIVORCE. Silena Jane Davidson (Mr. Holdernoss) proceeded for a divorce at the Supreme Court this morning against George Davidson, on the ground of desertion. Petitioner said that she was married in 1908. and had resided in Hastings and Southland. There were two children of the marriage, but both had died at birth. In October, 1917. petitioner went into hospital and it was arranged that the house should he let for six months. She left th© hospital in December and went to stay with a friend. For three weeks respondent paid her £3. Later she went to stay with her brother, but could not remain with him because her husband sent her no money. Th© last money she received from him was in February, 1918. Respondent had refused to get a home for her. Sine© then she had earned her own living. A decree nisi was granted, to be moved absolute in three months, interim custody of the adopted child to be given to petitioner. Respondent was ordered to pay costs on the lowest scale.

Sydney Stuart Brewster, farmer., of Opotiki, proceeded for divorce against Edith Brewster on the ground of desertion.

Petition said his wife left him in December, 1911 She would not give a definite promise to come back in 1913, and she later wrote that she would not return. He had not seen her for about ten years. A decree nisi, to be moved absolute in three months, was granted. Alice Amy McCormick (Mr. Holderness), who applied for a divorce from William P. McCormick by mutual consent, said that she was married in September, 1914-. and there were three children of the marriage.. In 1920 she secured a separation order on the ground that respondent was an habitual inebriate.

A decree nisi was granted, to be moved absolute in three months. Costs were given against respondent on the lowest scale.

Martha Jane McNaughton’s petition for a divorce from Hugh McNaughter was based on th© ground of drunkenness and cruelty.

Petitioner said she was married in Sydney and later came to Hastings Respondent was often drunk. Later two of her children died, and were buried the same day. On the morning of that day she gave her husband £2 to procure some shoes to go to the funeral in. He went into Napier and returned in the afternoon with two bottles of whisky and one of beer. At that time thev were living with their five children in a two-roomed house. The house was later sold and petitioner went to Sydney. She returned to Hastings to find that respondent was still drinking. She had to continue working to keep the home going, and was practically destitute. A collection was taken up among the hands at the Tomoana freezing works to help her along. A decree nisi was granted, to be moved absolute in three months. Petitioner was given the custody of the children.

The petition of George F. Gray (Mr. H. B. Lusk) for restitution of conjugal rights against Lillian Al. Gray, was granted. The time fixed was fourteen days.

Isabel Scrimshaw petitioned for a divorce from Arthur Scrimshaw on the grounds of separation by mutual consent. Mr. Justice Reid granted a decree nisi, to be moved absolute in three months, costs against respondent on the lowest scale. Charles Cornelius Thomsen (Mr. J. Humphries) petitioned for a devorre from Ellen 1. Thomsen on the ground of alleged adultery. Alexander Lang was cited as co-respondent. Petitioner said that he was married in 1904 at Dannevirke. Respondent admitted having a child to 00-respon-dent. A decree nisi was granted, be made absolute in three months. Anglina Englejiretson (Mr. L. A. Rogers) petitioned for a divorce from John Englebretson on the ground of adultery. Petitioner said that she was married in 1907 and had lived at various places. She lived with respondent till October, 1921. and then went to Clive to live. She had not lived with respondent since that date, and lie had gone to live with another woman. Petitioner challenged him about his relations with this woman; sometimes he denied adultery and son ties he admitted it. A son of the petitioner who had been living with lus father, said that one night when he camo home from the pictures he heard his father and the woman talking in whispers in the former’s room. His Honour said that h© was not satisfied with the evidence .and that he would have to adjourn the petition for further evidence. DISCHARGES IN BANKRUPTCY. The following discharges in bankruptcy were granted :—William H. Pratt, taxi proprietor, of Napier; Alexander Arnold Nattrass, motor garage proprietor, of Wairoa; George Arthur Broad, commission agent, of Wairoa; Henry Tomoana Hutana, farmer, of Porangahau; Tanii Ruki Ruki, farmer, of Waipawa ; Wilfred Charles Apperley, motor painter, of Napier; Robert Blair Sim. sheep farmer, of Mohaka. The application of Hamoana Tutu was adjourned till the Jun© session to allow bankrupt to clear up his position to the D.0.A., who oppose I the discharge.